Prevailing Party/Special Fee Shifting Statute: Plaintiff Losing Against Defendant Properly Exposed To Adverse Fee Award Under Mobilehome Residency Law

Arose Is Arose Is Arose Is Arose

Gertrude Stein.  Carl Van Vechten, photographer.  1935.  Library of Congress.

“Arose From” Language Encompassed Other Claims; Losing Plaintiff Did Not Prevail Given Specific Prevailing Party Definition Under Statute.

     In the fee area, one needs to pay particular attention to the wording of a specific fee-shifting statute. The wording of the fee-shifting statute under the Mobilehome Residency Law (Civ. Code, § 798.85) drove the result in Wilson v. Howard, Case No. A136847 (1^st Dist., Div. 4 Feb. 13, 2014) (unpublished).

     Defendant was awarded costs and fees under section 798.85 after plaintiff had some of her claims dismissed and suffered an adverse judgment under others in a mobilehome dispute.

     The fee award to the defense was sustained, because the broad “arose under MRL” language in the statute encompassed wins on the abuse of process and reduction of services claims brought by plaintiff. Conversely, plaintiff did not prevail even though getting an early-on preliminary injunction because the statute says the prevailing party means one who obtains the benefit of a dismissal or ultimate judgment in that party’s favor—both of which were never gained by plaintiff.